[Ord. 164, 9/8/1903, § 1]
Any person or corporation now owner or that may hereafter become owner of real estate with buildings thereon abutting on any street, avenue or alley along which a public sewer has been or shall hereafter be constructed, shall, within three months after the service of a notice in writing or printing, either personally on said owner or by leaving a copy at his residence, or by leaving a copy on the premises required to be connected with the public sewer, either with the agent of the owner, the person in charge of the premises or the tenant, of the passage by Council of a resolution requiring said property to be connected with the public sewer, construct and connect a private sewer from their said property to and with the public sewer, and the same shall be constructed wholly at the cost of the property owner. On failure to make the connection as herein directed within three months after service of notice as aforesaid the Borough may construct said private sewer and make said connection and collect the cost thereof from the owner of said property either by personal action or by lien against the premises as is provided by law for the collection of sewerage tax.
[Ord. 164, 9/8/1903, § 2]
Any person or corporation owning real estate with improvements thereon, not abutting on any street, avenue or alley having or which shall have a public sewer thereon, may, after obtaining the permission of Council, if they so desire, construct a private sewer for the use of their property, subject to the conditions hereinafter provided.
[Ord. 164, 9/8/1903, § 3]
All such private sewers within the limits of any street, avenue or alley shall be made of such material as Council may determine upon, and the same shall be laid and constructed in the manner directed, and by and the supervision and control of the Council and, Borough Engineer and the earth of the excavations made in said work shall be replaced and thoroughly tamped or flooded or both as may be directed, and to the level of the said street grade, and whenever the street is improved and paved the property owner shall replace all street improvements disturbed by reason of said work in as good condition and in the same manner as they were before being disturbed, and all surplus material shall be removed by the owner.
[Ord. 164, 9/8/1903, § 4]
All connections with the public sewers shall be used only for the purpose of carrying of roof, water, waste water used in buildings and sewage. No person or corporation shall connect any cesspool or privy vault with any public sewer. All water closets must be of an improved flush tank pattern.
[Ord. 164, 9/8/1903, § 5; as amended by Ord. 752, 1/17/2012]
No person or corporation shall open any of the streets, avenues or alleys of said Borough for the purpose of connecting with any public sewer or make any connection with any public sewer without first having obtained a permit from the Borough Secretary to do so, which permit shall be first sanctioned by the Sewer Committee. For said permit there shall be paid to the Borough Secretary for the use of the Borough, the sum in an amount as established, from time to time, by resolution of Borough Council, except where the sewer to be connected with is on a paved street, avenue or alley, in which case the fee for said permit shall be in an amount as established, from time to time, by resolution of Borough Council. All openings in the streets, avenues and alleys for the purpose of connecting with the public sewers shall be under the same supervision and regulations as is provided in § 18-103 hereof.
[Ord. 164, 9/8/1903, § 6]
When a public sewer shall have been constructed in or along any street, avenue or alley within the Borough limits, the owners of all property fronting on said street, avenue or alley within reach of said sewer shall within three months after the completion of said public sewer connect their premises with said public sewer. After said period of three months from the completion of a public sewer along the line of or within reach of any property in said Borough, it shall be unlawful to use or maintain any cesspool or privy vault on, or to allow any sink water, wash water or waste water, except roof water to flow onto the streets, avenues, or alleys of the Borough from said property.
[Ord. 164, 9/8/1903, § 7; as amended by Ord. 752, 1/17/2012]
Any person, firm or corporation who shall violate any provision of this Part, upon conviction thereof, shall be sentenced to a fine of not more than $1,000 plus costs and, in default of payment of said fine and costs, to a term of imprisonment not to exceed 30 days. Each day that a violation of this Part continues or each section of this Part which shall be found to have been violated shall constitute a separate offense.
[Ord. 630, 1/16/1991, Art. 1]
The following words, when used in this Part, shall have the meanings ascribed to them in this section, except where the context shall clearly indicate otherwise:
APPLICANT
Any person who makes application for a permit.
BOROUGH
The Borough of Ben Avon, Allegheny County, Pennsylvania.
PERMITTEE
Any person who has been issued a permit under this Part and who has agreed thereby to fulfill all of the terms of this Part.
PERSON
Any natural person, partnership, firm, association, corporation or authority.
SEWER
All public sanitary sewer pipes, conduits, receptacles, vaults and other means of collecting, transporting and discharging sanitary sewage in the Borough into the interceptor sewers of the Allegheny County Sanitary Authority.
STREET
A public street, public easement, public right-of-way, public highway, public alley, public way, or public road accepted or maintained by the Borough.
TAP-IN
The act of cutting into the public sanitary sewers of the Borough and connecting a lateral from a wholly private dwelling into the public sanitary sewers.
[Ord. 630, 1/16/1991, Art. 2; as amended by Ord. 752, 1/17/2012]
1. 
It shall be unlawful for any person to tap-in to a public sewer in the Borough of Ben Avon without first securing a permit from the Borough for each such separate undertaking and paying the appropriate fee to the Borough as hereinafter provided.
2. 
No person to whom a permit has been granted shall perform any of the work authorized by such permit in any degree or quantity greater than that specified in the permit.
3. 
Work for which a permit has been issued shall commence within 10 days after the issuance of the permit therefor. If not so commenced, the permit shall be automatically terminated. Permits thus terminated may be renewed upon the payment of an additional permit fee as originally required.
4. 
Permits are not transferable from one person to another and the work shall not be made in any place other than the location specifically designated in the permit.
5. 
Every permit shall expire at the end of the period of time which shall be set out in the permit. If the permittee shall be unable to complete the work within the specified time, he shall, prior to expiration of the permit, present in writing to the Public Works Director a request for an extension of time, setting forth therein the reasons for the requested extension. If in the opinion of the Public Works Director such an extension is necessary and not contrary to the public interest, the permittee may be granted additional time for the completion of the work.
6. 
Every permit shall be granted subject to the right of the Borough or of any other person entitled thereto to use the street for any purpose for which such street may lawfully be used, not inconsistent with the permit.
7. 
Any permit may be revoked by the Public Works Director, after notice to the permittee, for:
A. 
Violation of any condition of the permit or of any provisions of this Part.
B. 
Violation of any provision of any other applicable ordinance or law relating to the work.
C. 
Existence of any condition or the doing of any act constituting or creating a nuisance or endangering the lives or properties of others. A permittee may be granted a period of three days from the date of the notice to correct the violation and to proceed with the diligent prosecution of the work authorized by the permit before said permit is revoked.
[Ord. 630, 1/16/1991, Art. 3; as amended by Ord. 752, 1/17/2012]
1. 
It shall be the duty and responsibility of any applicant to:
A. 
Make a written application for such permit with the Public Works Director on such form as he shall prescribe. No work shall commence until the Public Works Director has approved the application and plan and issued a permit and until the permittee has paid and provided all fees, deposits and certificates required by this Part.
B. 
Furnish in triplicate a plan showing the work to be performed under said permit. If approved by the Public Works Director, one copy of such plan shall be returned to the applicant at the time the permit is granted.
C. 
Agree to save the Borough, its officers, employees, and agents harmless from any and all costs, damages and liabilities which may accrue or be claimed to accrue by reason of any work performed under said permit. The acceptance of any permit under this Part shall constitute such an agreement by the applicant whether the same is expressed or not.
D. 
Comply with all rules and regulations of the Allegheny County Health Department regarding sanitary sewer tap-ins.
2. 
It shall be the duty and responsibility of any person receiving a permit to:
A. 
Pay a permit fee in an amount as established, from time to time, by resolution of Borough Council.
B. 
Furnish a certificate of insurance as required by § 18-115 of this Part.
C. 
Keep the original copy of the permit and an approved copy of the plan at all times while such work is in progress at the location for which said permit was granted and show such permit and/or plan upon demand by the Borough or police authorities.
[Ord. 630, 1/16/1991, Art. 4; as amended by Ord. 752, 1/17/2012]
1. 
Opening and Excavation Restrictions.
A. 
Pipe drains, pipe culverts, public utility lines and other facilities encountered shall be protected by the permittee, who shall be liable for any damage thereto.
B. 
Work authorized by a permit shall be performed between the hours of 7:00 a.m. and 7:00 p.m., Monday through Saturday, unless permittee obtains written consent from the Public Works Director to do the work at an earlier or later hour. Such permission shall be granted only in the case of an emergency.
C. 
In granting any permit, the Public Works Director may attach such other conditions thereto as may be reasonably necessary to prevent damage to public or private property or to prevent the operation from being conducted in a manner hazardous to life or property or in a manner likely to create a nuisance.
2. 
Backfilling and Restoring Opening.
A. 
The permittee shall give 48 hours' notice of intention to open, and close the excavation, and of its intention to cut into the sanitary sewer line.
B. 
The Public Works Director or his authorized representative shall make daily inspections of all work authorized by a permit.
C. 
Permittee shall not close the opening without the required inspections by the Public Works Director or his authorized representative and the Allegheny County Health Department, if required.
[Ord. 630, 1/16/1991, Art. 5; as amended by Ord. 752, 1/17/2012]
Each applicant, upon the receipt of a permit, shall provide the Borough with an acceptable certificate of insurance indicating that he is insured against claims for damages for personal injury as well as against claims for property damage which may arise from or out of the performance of the work, whether such performance be by himself, his subcontractor, or anyone directly or indirectly employed by him. Such insurance shall cover collapse, explosive hazards and underground work by equipment on the street, and shall include protection against liability arising from completed operations. The amount of insurance shall be prescribed by the Public Works Director in accordance with the nature or the risk involved; provided, however, that the liability insurance for bodily injury in effect shall not be in an amount less that $100,000 for each person and $300,000 for each accident and for property damages an amount not less than $50,000, with an aggregate of $100,000 for all accidents.
[Ord. 630, 1/16/1991, Art. 6; as amended by Ord. 752, 1/17/2012]
Any person, firm or corporation who shall violate any provision of this Part, upon conviction thereof, shall be sentenced to a fine of not more than $1,000 plus costs and, in default of payment of said fine and costs, to a term of imprisonment not to exceed 30 days. Each day that a violation of this Part continues or each section of this Part which shall be found to have been violated shall constitute a separate offense.